Legal Question in Family Law in Minnesota
Child Custody Change
I have 2 children ages 16 and 15. My ex-wife currently has custody of them, but they wish to live with me. The kids are telling me of instances of abuse from both their mother and step-father. One of them has already run away and came to my home. She returned to school the following day and is now living with one of the staff. Her mother is insisting that she return home by this Thursday, but my daughter is afraid. What are my chances of obtaining custody should I choose to take this matter to court?
2 Answers from Attorneys
Re: Child Custody Change
You may have a basis to request a modification of custody. The operative word is "endangerment." Runaways and victims of abuse are usually endangered. Please feel free to call me at my office to schedule a no-cost telephone conference or an in-office visit.
Re: Child Custody Change
One of the factors in child custody and changes of child custody is the preference of the child, if the child is old enough to express a preference in a manner that the court can rely on. It is just one of numerous factors, but the children's desire to live with you would increase your chances of obtaining custody. Please feel free to contact me to discuss this further at www.divorcelawyermn.com or directly at [email protected].